County of Moniteau ex rel. Bechtle v. Lewis
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Eon. William E. Martin, Judge.. (1) The plaintiffs should not have not been permitted to prove issuance, and delivery and renewal of the dramsliip license by the record of the county court. The foundation for this was not laid by giving the required notice." State v. Barnett, 110 Mo. App. 592; Thompson on Trials, secs. 770, 771. (2) Each count in the petition must be complete in itself.
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Appeal from Moniteau Circuit Court. — Eon. William E. Martin, Judge.. (1) The plaintiffs should not have not been permitted to prove issuance, and delivery and renewal of the dramsliip license by the record of the county court. The foundation for this was not laid by giving the required notice." State v. Barnett, 110 Mo. App. 592; Thompson on Trials, secs. 770, 771. (2) Each count in the petition must be complete in itself. In this petition no count in same is complete within itself. Weber v. Squier, 51 Mo. App. 601. (3) The dramshop was not -kept at the place described in the bond sued on.…
1Opinion of the CourtElltson, J.
This action was brought against Lewis, a dramshop keeper, and the sureties on his bond for selling intoxicating-liquors to the relator’s minor son. The petition contained several counts. The verdict was for the relator. «
A return of not found was made to the summons against Lewis, the dramshop keeper, and the case was dismissed as to him and thus left to stand against his sureties. The trial court permitted relator to prove the dramshop keeper’s license by the records of the county court without having first made an effort to procure the license itself as the best evidence. There was no error…
2Cases cited6 opinions
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- Conant v. NewtonMassachusetts Supreme Judicial Court · 1879
- Lionberger v. KriegerSupreme Court of Missouri · 1885
- St. Louis Gas Light Co. v. City of St. LouisSupreme Court of Missouri · 1885
- Blaney v. RogersMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Kenney v. JohnsonMissouri Court of Appeals · 1934
- City of Woodburn v. AplinOregon Supreme Court · 1913
- McElroy v. SparkmanCourt of Appeals of Texas · 1911